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Conduct of laws: Native title, responsibility, and some limits of jurisdictional thinking

Dorsett, Shaunnagh, McVeigh, Shaun (2012) Conduct of laws: Native title, responsibility, and some limits of jurisdictional thinking. Melbourne University Law Review, 36 (2). pp. 470-493. ISSN 0025-8938. (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:75222)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)
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Abstract

It is now twenty years since the High Court of Australia designated 'native title' as the site of engagement of Australian common law and jurisprudence with Indigenous law and jurisprudence in Mabo v Queensland [No 2]. Common law jurisprudence, however, continues to struggle to create the appropriate form and conduct of the relations between itself and Indigenous laws and jurisprudence. It struggles, in short, to create an appropriate meeting place of laws. In light of recent attempts to amend the Native Title Act 1993 (Cth), it is timely, then, to return to the first question that is addressed in the meeting of laws in Australia, that of the authorisation of laws and the quality and conduct of the meeting place. Here the meeting of Australian common law and Indigenous law in Australia is tracked in terms of a brief history of common law jurisdictional practice, the jurisprudence of the conduct of lawful relations in and through s 223 of the Native Title Act, and official forms of responsibility for lawful relations.

Item Type: Article
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Matthias Werner
Date Deposited: 05 Jul 2019 11:53 UTC
Last Modified: 16 Feb 2021 14:05 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/75222 (The current URI for this page, for reference purposes)
McVeigh, Shaun: https://orcid.org/0000-0003-4294-1688
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